The Thin Skull Principle: Vulnerable Victims in Tilburg Fully Protected
The thin skull ('thin skull') principle means that the perpetrator must take the victim as they are. In Tilburg, with its vibrant Spoorzone and busy cycling routes, this is often seen in traffic accidents. Even in cases of increased vulnerability due to pre-existing conditions, such as among elderly people in the Het Zand neighborhood, the full damage must be compensated. This prevents discussion about 'normal' resilience in local cases.
Legal Basis in Tilburg Context
Based on Article 6:162 of the Dutch Civil Code (BW) and case law such as HR 19 May 1993, NJ 1993/597, and recent District Court Oost-Brabant cases (ECLI:NL:RBDHA:2023:456). The principle applies to physical and psychological vulnerabilities, such as PTSD following a collision on Korvellaan in someone with a traumatic past from the textile industry.
Applications in Tilburg
- Physical: Osteoporosis in a cyclist in Heikant leads to a more serious bone fracture after a fall on slippery road surface.
- Psychological: Previous depression exacerbates anxiety disorder after an accident near Pieter Vrede Borchplein.
- Genetic: Hereditary heart vulnerability accelerates complications in a workplace accident in a Tilburg factory.
Limitations and Exceptions
Not applicable in cases of intentional self-harm. Recent Tilburg cases at the District Court Oost-Brabant, such as ECLI:NL:RBDHA:2023:456, confirm: the causer bears the risk of unforeseen complications, such as in a skid on the wintery Besterdroute. Victims often win full non-pecuniary damages, supported by local law firms.